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 PRESENTATION:
INTRODUCTION TO INTERMEDIATE COMPLEX PROCUREMENT COURSE
MS POWERPOINT FORMAT:
Introduction to Intermediate Complex Procurement Course [492KB]
Publications
 


National Capital Region
February 8, 2005


 

 1. WHAT IS THE CGP?

  • Canadian domestic security program
  • Regulates access to controlled goods in Canada
  • Administered by PWGSC
  • Defence Production Act
  • Controlled Goods Regulations
Top

 2. POWERS AND GOALS

Powers

  • Grant, suspend and revoke registration
  • Detain and remove controlled goods
  • Prosecute

Goals

  • Prevent unauthorized transfer of sensitive and strategic goods
  • Legislative compliance through prevention
  • Help industry comply through inspections and outreach
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3. HISTORY

  • 1954 to 1999 - Canada "exempt" from licensing requirements under US International Traffic in Arms Regulations
  • April 1999 - exemption significantly reduced
  • October 1999 - US and Canada agreed to negotiate:
  • Harmonization of US Munitions List and Canadian Export Control List
  • Creation of CGP
  • May 2001 - modified exemption regained
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 4. STATISTICS

  • Over 2,800 businesses registered
  • Over 3,000 sites currently with controlled goods
  • Over 5,000 visitors and temporary workers cleared
  • Over 250 outreach activities carried out
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 5. WHAT ARE CONTROLLED GOODS?

EXPORT CONTROL LIST - Group 2

Goods specifically designed or modified for military use.

  • Item 2001 - Automatic weapons and firearms.
  • Item 2003 - Ammunition and components specially designed for controlled goods.
  • Items 2002 and 2004 to 2022 - All goods, including weapons with a calibre greater than 12.7 mm, projectors, bombs, missiles, related equipment and accessories.

EXPORT CONTROL LIST - Group 5

  • Item 5504 (strategic goods) - Global navigation satellite systems, ground control stations, and nuclear weapon design and testing equipment.

EXPORT CONTROL LIST - Group 6

  • All Items - missile technology.
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 6. WHAT IS CONTROLLED TECHNOLOGY?

Technology necessary for the development, production or use of a controlled good.

Not only are goods controlled, but so is the technology behind the goods, such as:

  • Technical data (blueprints, formula, engineering designs, models, etc.)
  • Technical assistance (instructions, training, working knowledge, etc.)

Technology may be controlled, even if the end product is not. Top

 7. WHY REGISTER?

  • In best interest of business to register. By protecting the business' technology through security measures, the business is also protecting their economic viability.
  • Lawfully examine, possess or transfer controlled goods in Canada.
  • Obtain an export permit from Foreign Affairs and International Trade Canada
  • Take advantage of the US ITAR Canadian Exemption
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 8. CATEGORIES OF PERSONS

  • Registered Persons
    Corporations and unincorporated businesses
  • Excluded Persons
    Employees of federal, provincial and territorial governments, and Federal Crown Corporations, and Peace Officers
  • Exempted Persons
    Temporary workers, visitors, businesses registered with US ITAR, and US government officials
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 9. LEGAL REQUIREMENTS

  • Register with CGP
  • Implement security plans to protect goods and users
  • Maintain record keeping
  • Provide training to employees, visitors and temporary workers
  • Report security breaches
  • Propose a Designated Official
  • Notifying CGP of changes in ownership, address, etc.
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 10. DESIGNATED OFFICIAL RESPONSIBILITIES

  • Conduct security assessments to:
  • ensure honesty, reliability and trustworthiness
  • evaluate risk of transfer
  • Keep records of Security Assessments
  • Submit applications for exemption for:
  • Visitors
  • Temporary Workers
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 11. INSPECTIONS

An Inspector may:

  • Enter and inspect any place at any reasonable time
  • Question any person
  • Require any person to produce for inspection any document believed to contain any relevant information - photocopies may be requested
  • Detain or remove any controlled good
  • Require any individual in charge to take corrective measures
Top

 12. IMPORTANT PROCUREMENT MESSAGE

CGP will only register successful bidder

2 Exceptions:

  • Controlled information in bid solicitation documents
  • Urgent case - must be cleared by Director of Controlled Goods Directorate beforehand Top

 13. PROCUREMENT PROCEDURES

STEP 1

Determine whether goods are controlled:

  • discuss with client
  • if working with DND, discuss with DND contact
  • refer to the Export Control List
  • contact Foreign Affairs and International Trade Canada at 613-996-0210

STEP 2

  • If goods are controlled, withhold all controlled items from bid solicitation process

  • If controlled items must be included in bid solicitation process – bidders must be registered prior to access

    Allow time for bidders to register – several weeks necessary to validate information

  • Include SACC A9130T in bid solicitation documents

What can be disclosed without registering?

  • Basic scientific research
  • Information necessary for patent applications
  • Export Control List description
  • Visually available information (dimensions, etc.)
  • Publicly available information (marketing, etc.)

What cannot be disclosed without registering?

If unsure, contact DFAIT at 613-996-0210.

STEP 3

  • A contract with controlled goods can be awarded prior to business registering with CGP

    However, successful bidder must be registered, prior to accessing controlled goods

    Pending registration, successful bidders may proceed with non-controlled aspects of contract

  • Include SACC A9131C in contractual documents

  • Include SACC B4061D for purchase/repair of controlled goods

STEP 4

Prior to transfer of controlled goods, information or technology, ensure company is registered. Refer to registration search on CGP Web site: www.cgd.gc.ca Top

 14. STANDARD ACQUISITION CLAUSES AND CONDITIONS

Clauses for production of or access to controlled goods:

  • A9130T* - for bid solicitation documents
  • A9131C* - for contractual documents

Clause for purchase or repair of controlled goods:

  • B4061D* - for bid solicitation and contractual documents

* Clauses to appear in full text in procurement documentsTop

 15. SACC A9130T

Clause for Bid Solicitation Documents

Production or Access to Controlled Goods

  1. If bid solicitation document includes controlled info. - bidder must be registered prior to receipt

    Requests for bid documents with controlled info. must be made in writing to Contracting Authority with proof of registration

  2. If bid solicitation document does not include controlled info. but contract does - successful bidder must be registered prior to access

  3. If successful bidder not registered at contract award - 7 days to submit forms to CGP and 30 days to notify Contracting Authority of registration Top

 16. SACC A9131C

Clause for Contractual Documents

Production or Access to Controlled Goods

  1. If successful bidder not registered at contract award - 7 days to submit forms to CGP and 30 days to notify Contracting Authority of registration

  2. Contractor and subcontractors must maintain registration for duration of contract and as long as examining, possessing or transferring controlled goods Top

 17. SACC B4061D

Clause for Bid Solicitation and Contractual Documents

Purchase or Repair of Controlled Goods

  1. Contractor must provide Technical Authority with Technical Data Summary or Description or Specification (physical and performance characteristics, functional description and complete list of accessories and peripheral items)

  2. Contractor must identify controlled goods

  3. All data must be submitted 60 days prior to delivery date of end item Top

 18. PARTNERS

  • Canada Border Services Agency
  • Canadian Security Intelligence Service
  • US Department of Homeland Security
  • Citizenship and Immigration Canada
  • International Trade Canada
  • Department of National Defence
  • Industry Canada
  • Royal Canadian Mounted Police
  • Aerospace Industries Association of Canada
  • Canadian Defence Industries Association
Top

 19. CONCLUSION

  • Increased national and international security in defence material
  • Strong Canadian security image
  • Clear commitment to increase industry's security
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 20. CONTACT INFORMATION

Telephone: 1-866-368-4646

Facsimile: 613-948-1722

E-mail: ncr.cgd@pwgsc.gc.ca

Web site: www.cgd.gc.ca

Mailing Address:
CONTROLLED GOODS PROGRAM
C/O CENTRAL MAIL ROOM
PLACE DU PORTAGE PHASE III OB3
11 LAURIER ST, GATINEAU
3RD FLOOR, 2745 IRIS ST
OTTAWA ON, K1A 0S5

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